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   State Courts - Colorado - May 25, 2000

  
Crown Bank v. Crowder Mortg. Corp., No. 99CA0794, COURT OF APPEALS OF COLORADO, DIVISION FOUR, May 25, 2000, Decided
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Overview: Payoff tender was binding were the tender was in the full amount of indebtedness as determined by the bank; bank did not have the right to refuse the tender or place further conditions on its release of the deed of trust.

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Elrick v. Merrill, No. 99CA0467, COURT OF APPEALS OF COLORADO, DIVISION THREE, May 25, 2000, Decided
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Overview: Farm Service Agency's request for excess public foreclosure sale funds did not waive its sovereign immunity, and prior property owners were entitled to the funds under the homestead exemption.

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Harris v. Regional Transp. Dist., No. 99CA0573, COURT OF APPEALS OF COLORADO, DIVISION TWO, May 25, 2000, Decided
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Overview: Transportation district's governmental immunity was waived, as waiver provision of immunity statute applied to injuries suffered by passenger when she slipped and fell on ice on bus steps while disembarking.

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M.G. v. Colorado Dep't of Human Servs., No. 99CA1309, COURT OF APPEALS OF COLORADO, DIVISION THREE, May 25, 2000, Decided
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Overview: The findings on the accuracy of the diagnosis and treatment of the child offender's emotional condition were irrelevant to a determination of whether the offender's name should have been placed on the registry as a perpetrator.

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People v. Castro, No. 98CA2416, COURT OF APPEALS OF COLORADO, DIVISION THREE, May 25, 2000, Decided
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Overview: Where evidence supported either theory of defense, defendant was entitled to have both self-defense and criminally negligent homicide instructions tendered to the jury.

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People v. Eurioste, No. 99CA0029, COURT OF APPEALS OF COLORADO, DIVISION TWO, May 25, 2000, Decided
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Overview: Sentencing statute's plain language indicated that escape sentences had to be served consecutively to sentences already being served, even though attempted escape sentences were consecutive even to later imposed sentences.

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People v. Jackson, No. 98CA2496, COURT OF APPEALS OF COLORADO, DIVISION THREE, May 25, 2000, Decided
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Overview: Officer's request for identification from passenger in car was not a consensual interview, officer had no suspicion of criminal activity, and seizure violated Fourth Amendment.

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People v. Trujillo, No. 99CA0406, COURT OF APPEALS OF COLORADO, DIVISION THREE, May 25, 2000, Decided
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Overview: Prosecutor's voir dire notes were attorney work product and undiscoverable. Trial court's determination that neither juror in question was excluded based on race was not clear error and had support in the record.

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People v. Witt, No. 98CA2420, COURT OF APPEALS OF COLORADO, DIVISION A, May 25, 2000, Decided
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Overview: County agency qualified as a victim to whom restitution was payable. Value of government employees' time spent on investigating food stamp fraud made necessary by a defendant's conduct was compensable as restitution.

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Peterman v. State Farm Mut. Auto. Ins. Co., No. 99CA1162, COURT OF APPEALS OF COLORADO, DIVISION THREE, May 25, 2000, Decided
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Overview: Insurer that wrongfully withheld payment was liable to insureds for prejudgment interest for breach of contract, in excess of policy liability limits. Postjudgment interest awarded under wrong statute, but rate was correct, so affirmed.

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